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Fourth Circuit Addresses Ashcroft v. Iqbal's Pleading Requirements

4 hours ago ago from West Virginia Business Litigation

I have previously written about the significance of the United States Supreme Court's decision in Ashcroft v.Iqbal , 129 S.Ct. 1937 (2009), and its effect on federal pleading standards for both plaintiffs and defendants. And with the issuance last week of Francis v. Giacomelli , 2009 WL 4348830 (4th Cir. 2009), the Fourth Circuit has now weighed in and made clear that a plaintiff has a much heavier burden to satisfy in pleading its case. ...

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Could Review of Honest-Services Fraud Law Have An Impact on Siegelman Case?

7 hours ago ago from Legal Schnauzer

The U.S. Supreme Court is hearing oral arguments this week on cases involving the honest-services fraud statute that has been used in a number of high-profile corruption cases. The issues at hand, we suspect, are poorly understood by the public, particularly here in Alabama. So we think a couple of key points need to be made: * Contrary to a report by the Associated Press, the Supreme Court's ultimate findings will not have an effect on ...

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Salve or Master

13 hours ago ago from "No doubt about it- that nut\'s a genius"

MAJOR SUPREME COURT CASE DECISION TODAY? Rumors abound here in Washington that today's the day the U.S. Supreme Court hands down its decision on Citizens United v. Federal Election Commission a case that has the potential to notably change campaign finance laws at the federal level. (Most notably, the decision could allow unlimited corporate funds to be used for political expenditures.) Now, we had a few false alarms last month. Court ...

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Reaching, or waiting, for a constitutional issue

18 hours ago ago from SCOTUSblog

Analysis The Supreme Court normally is not eager far from it to decide a constitutional question; its traditions are for hesitancy about that ultimate stroke.  But on Tuesday, the Court seemed quite impatient to ask, and answer, an issue of constitutionality: the validity of the 1988 law that is a vital government weapon against corruption the honest services fraud law. It seemed, however, that there could be a scheduling problem: ...

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Sotomayor Issues First Opinion

13 hours ago ago from JD Journal

The Supreme Court handed down several decisions today, including the first written by Justice Sotomayor.  In keeping with tradition, it was a unanimous decision, although Justice Thomas issued a concurrence.  The case was Mohawk Industries V. Carpenter, an attorney-client privilege case in which the Court upheld the lower court's ruling that a federal judge's decision releasing documents created by Mohawk Industries' lawyer could not be ...

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Sotomayor delivers first court opinion of new term

1 day ago ago from PopEater

WASHINGTON -Justice Sonia Sotomayor, the court's newest member, got to deliver the Supreme Court's first opinion of the new term. It was also Sotomayor's first opinion as a Supreme Court justice. She joined the court in August. Sotomayor read aloud the opinion she wrote at the beginning of Tuesday's court session. The case was Mohawk Industries v. Carpenter. The case involved a question of whether a lower court's decision on attorney-client ...

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A Post About Sex, Religion, Law School, and the Supreme Court - Law Blog - WSJ

19 hours ago ago from Wall Street Journal

By Ashby Jones The Supreme Court on Monday agreed to hear a fascinating case involving freedom of religion and non-discrimination policies in public schools. From where we sit, what makes the case Christian Legal Society v. Martinez so compelling is that both parties to the case elicit our sympathies. The backdrop, with a little help from this Washington Post story : The Christian Legal Society at the U.C. Hastings College of the Law in ...

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BBC News - Russia prompts crisis of European human rights justice

1 hour, 59 minutes ago ago from BBC

By William Horsley BBC News, Strasbourg At 50 years old, the European Court of Human Rights in Strasbourg is sometimes held up as a model for the rest of the world - the only supranational court devoted to protecting individual human rights against abuses of state power. Judgements at the court take an average of six years or more But its future is now the subject of a highly sensitive debate that ...

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Judge sets 2011 trial date for Iraq rape case

20 hours ago ago from U.S. News

Judge sets 2011 trial date for Iraq rape case HOUSTON (AP) -- A federal judge has set a 2011 trial date in a Texas woman's lawsuit alleging she was raped by military contractor co-workers in Iraq. During a Tuesday court hearing, the trial date for Jamie Leigh Jones' case was set for Feb. 7, 2011. Jones sued Halliburton Co. and its former subsidiary KBR, saying she was raped while working for KBR at Camp Hope, Baghdad, in 2005. The ...

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Malaysian faces trial in rare seduction case

9 hours ago ago from U.S. News

Malaysian faces trial in rare seduction case KUALA LUMPUR, Malaysia (AP) -- A Malaysian man is facing trial for allegedly seducing another man's wife - a charge under a rarely used law that defense lawyers criticized Wednesday as archaic and tantamount to sexual discrimination. A decades-old law dating from the British colonial era calls for a two-year prison sentence for any man who "entices away" a married woman with the intention of ...

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